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COLLEGES AND UNIVERSITIES. FREEDOM OF INFORMATION ACT. PERMITS
PRESENCE OF COLLEGE FACULTY MEMBER AT CLOSED MEETING TO DISCUSS THAT
MEMBER'S DISCIPLINARY ACTION.
May 29, 1981
Dr. James H. Hinson, Jr.,
Chancellor Virginia Community College System
80-81 58
You ask whether H.B. 899 of the 1981 General Assembly, amending
the Virginia Freedom of Information Act (hereinafter the "Act")
(§2.1-344 of the Code of Virginia (1950), as amended) applies to
faculty members in institutions of higher education. Section 2.1-344
(a) presently provides, inter alia, for executive meetings in the
following circumstances: "(1) Discussion or consideration of
employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of public officers,
appointees or employees of any public body, and evaluation of
performance of departments or schools of State institutions of higher
education where such matters regarding such individuals might be
affected by such evaluation."
The amendment contained in H.B. 899 adds the following language to
the end of the above section: "provided, however, that any teacher
shall be permitted to be present at an executive session or closed
meeting where discussion or consideration of discipline of the
teacher will take place and the student involved in such disciplinary
matter is permitted to be present, provided such teacher requests to
be present in writing to the presiding officer of the appropriate
board." (Emphasis added.) Your question requires a determination of
whether the term "teacher" in H.B. 899 includes teachers at the
postsecondary level as well as primary and secondary levels. The
amendatory language must be interpreted consistently with the policy
of the Act. "[The Act] shall be liberally construed to
promote an increased awareness by all persons of governmental
activities and afford every opportunity to citizens to witness the
operations of government. Any exception or exemption from
applicability shall be narrowly construed in order that no thing
which should be public may be hidden...." Section 2.1-340.1. The
amendment contained in H.B. 899 contains no words of limitation upon
the term "teacher." It does not confine the term to teachers in the
public schools. Nor does H.B. 899 tie the term "teacher" to any
limited definition of the term set forth in other provisions of the
Code.1 Thus, within the amendment
itself there is no clear expression of a legislative intent to limit
the amendment only to teachers in elementary and secondary
schools.2 As a general rule, words
in a statute should be given their usual, commonly understood
meaning. The Covington Virginian v. Woods, 182 Va. 538. 29
S.E.2d 406 (1944). The term "teacher" is defined generally as "one
that teaches or instructs esp : one whose occupation is to instruct.
Webster's Third New International Dictionary (1968) at 2346. The
ordinary meaning of "teacher" is not limited to those who instruct at
a particular institutional level. Accordingly, I am of the opinion
that H.B. 899 applies to faculty who teach at institutions of higher
education, and not just teachers at the primary and secondary levels.
I note that the impact of the amendment will be limited because it
applies only to cases where a teacher is accused of charges brought
by or involving a student who is allowed to be present at the closed
hearing or executive session.
__________________
Footnotes:
1. For instance, the Act does not adopt by reference
the definition of teacher used in the Virginia Supplemental
Retirement Act. See §51-111.10(4) which limits by definition the
term "teacher" to distinguish it from "employees of institutions of
higher education" who are defined in §51-111.28. Further, it
does not limit the use of the term "teacher" only to those who are
required to be certified to teach in the public schools under
§22.1-299.
2. The General Assembly itself has not confined its
use of the term "teacher" only to legislation dealing with elementary
and secondary public schools. Legislation concerning the powers of
the various Boards of Visitors at State institutions of higher
learning refer to "teachers" at these institutions. See, e. 23-1;
23-50.10; 23-91.29; 23-91.40; 23-155.7; 23-164.6,23-165.6; 23-174.5;
23-185.
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